A. Development of land for different uses and intensity of uses will often necessitate the removal of trees to accommodate roads, parking, buildings and facilities. It is the expressed intent of this chapter that the design, layout and construction of development projects strive to preserve existing tree cover on the development site.
B. No person shall cut, destroy, move or remove any living tree of any species having a trunk with a diameter of six (6) inches or larger, measured four and five-tenths (4.5) feet from the base, in conjunction with any development of land governed by this chapter unless and until such removal or destruction has been approved under the provisions of this chapter. [Amended 5/12/2008 by Ord. No. 389]
C. No person shall cut or clear trees for the sole purpose of offering land for sale. Land may be underbrushed (brushhogged) in preparation for sale or development.
D. Except for property classified for tree farming under an approved forest management plan by a state forester, the clear-cutting of trees is prohibited. The term "clear-cutting," as used herein, shall mean the cutting of more than fifty percent (50%) of the trees six (6) inches in trunk diameter or larger. Clear-cutting pursuant to an approved development plan shall require the planting of replacement trees as indicated in the detailed landscape plan accompanying the development application. The replacement rate for trees having a DBH of six (6) inches or greatr shall be as follows:
● 1 Replacement tree is required for each 4 trees 6” to 9” DBH that are removed.
● 1 Replacement tree is required for each 2 trees 9” to 12” DBH that are removed.
● 1 Replacement tree is required for each tree 12” to 18” DBH that is removed.
● 2 Replacement trees are required for each tree 18” to 24” DBH that is removed.
● 3 Replacement trees are required for each tree 24+” DBH that is removed.
Replacement trees shall be trees that are at least of two-inch caliper. Said replacement trees shall be guaranteed to be alive one (1) year after planting. At least seventy (70%) percent of the replacement trees are required to be CANOPY TREES. [Amended 5/12/2008 by Ord. No. 389]
E. A survey of all trees of applicable size shall be made and submitted in conjunction with the development site layout. All trees proposed for removal shall be clearly noted. The tree survey shall be certified by a registered land surveyor, registered engineer or registered landscape architect.
F. The requirement for a tree survey is waived when preliminary site evaluation by the applicant reveals the ability to accomplish the proposed project without removal of any trees six inches (6”) in diameter or larger. In the latter case, the applicant shall submit a written statement that no trees will be removed, and his permit will indicate "No Tree Removal" as a condition thereof. [Amended 5/12/2008 by Ord. No. 389]
G. Considerable damage to or the death of trees may result if soil is added around the base of a tree, more than thirty percent (30%) of circumferential bark is removed, or more than thirty percent (30%) of the root system is removed. In addition, asphalt paving, building construction and soil compaction too close to trees may cause their destruction. Accordingly, it shall be the responsibility of the developer to institute alternative site designs to assure the best chance of tree survival.
H. Trees designated for preservation as shown on the approved landscape plan shall be protected during construction in accordance with the Guide for Landscaping in Appendix B.
I. As a condition of approval under this chapter, the applicant may be required to plant replacement trees for trees approved for removal as part of the final plan. In requiring replacement trees, the following will be considered:
1. The intended use of the property.
2. The existing or predevelopment tree coverage, sizes and types.
3. The number, size, type and location of natural trees proposed for preservation by the applicant.
4. The grading, road, building, parking and drainage requirements.